States Petition Court to Intervene in Obamacare Case

States Petition Court to Intervene in Obamacare Case



Fifteen states and D.C. jointly filed a motion to intervene with the U.S. Court of Appeals For the District of Columbia to become part of the case in support of Obamacare, on May 18, 2017.

The attorneys general of California and New York filed the petition to become recognized parties in the Obamacare appeal. They include the District of Columbia, Maryland, Vermont, Pennsylvania, Delaware, Massachusetts, Kentucky, and Connecticut on the east coast.

In the mid-west, Minnesota, Iowa, and Illinois submitted their request to be included. Additionally, Washington, New Mexico, and Hawaii requested they be heard in the matter of Obamacare.

Congress Against Obamacare

The referenced case is United States House of Representatives v. Thomas E. Price, M.D., in his official capacity as Secretary of Health and Human Services; U.S. Department of Health and Human Services; Steven T. Mnuchin, in his official capacity as Secretary of the Treasury; U.S. Department of the Treasury.

Initially, the suit was filed by House Republicans against the Obama Administration in 2014. They challenged the constitutionality of monies designated for vendor payment that was not appropriated by the Congress. All such bills must originate in the House of Representatives, who has the legal authority to approve U.S. Treasury payments or obligations.

States Want to Intervene — Why?

The House won the case, which is now under appeal. In order to intervene the petitioner must have an interest in the case. In other words, in this instance, the states have the right of intervention if they can demonstrate that they will be affected by the case’s outcome.

Interestingly, only one-third of the states filed, but 53 percent of those polled, favored Obamacare over Trumpcare. Barely one-quarter indicated they thought the Republican version was a better choice.

The reason cited by the states who wish to join the case, in defense of Obamacare, is that President Donald Trump is not trustworthy, according to The Washington Post.

With the Obama administration being the party who initiated the appeal and Trump’s inheriting the defense of the case, the White House is looking forward to May 22. That is the day that “The ACA ‘s day in court,” according to The Washington Post, the day when Trump is supposed to notify the judge whether or not he is dropping the appeal to determine the future of Obamacare.

If that happens, then the insurance vendors will not be paid.

Perhaps this is what Trump meant when she said that Obamacare would self-destruct, either by exploding or imploding. The president used both terms on the same day when pushing the blame onto the Democrats for refusing to capitulate and agree to support Trumpcare.

Frankly, the Affordable Care Act aka Obamacare will only implode if Trump and his cronies make it happen. Americans do not want the new concept that the Republicans are pushing. The millions of people who will lose their medical care are terrified for their future.

Furthermore, House Republican Bill 1275 — American Health Care Act, or as Trump calls it: ” the World’s Greatest Healthcare Plan of 2017,” has no specific language about insuring people with pre-existing conditions. This leaves an uncountable number of potentially uninsured in United Sates.

Unfortunately, Americans have only two options. One, call their state’s Representatives and Senators to let them know how their constituents want them to vote on Obamacare. Two, do nothing, essentially waiting to see what happens.

By Cathy Milne


The Washington Post: States get involved in lawsuit to shield Obamacare, saying Trump can’t be trusted
Public Policy Polling: Health Care Puts House in Play
BUSINESS INSIDER: Americans overwhelmingly like Obamacare more than Trumpcare
Tech Law Journal: Motion to Intervene Definition

Featured and Top Image Courtesy of Senior Master Sergeant Mike D. Arellano on Texas Military Department’s Flickr Photostream – Creative Commons License